Paul Sinclair
Call date
1997
Practice Areas
Paul Sinclair has a broadly-based commercial litigation and arbitration practice with particular expertise in the following fields:
- Commercial litigation
- Arbitration
- Civil fraud
- Insurance and reinsurance
- Banking & finance
- Aviation
- Mediation
Recommendations (Practitioners' Guides)
Legal 500 (2003 - )
Chambers & Partners (2010)
Legal Experts (2003 - )
Paul is recommended in the fields of Commercial Litigation and Insurance and Reinsurance
Comments about Paul in the legal directories in recent years include:
- “He doesn’t miss a trick, everything is meticulously researched.”
- “A junior to watch out for”
- “Incredibly clever”
- “Extremely bright, very well organised and proactive, plus a first rate draftsman”
- “Has a strong intellect”
- “Very diligent”
- “Completely unflappable”
- “Someone with an eye for the good points”
- “His legal conclusions are understandable, intelligent and incredibly thorough”
- “Working well beyond his 1997 call”
Education
M.A Cambridge (First Class Honours)
LL.M Harvard (Magna cum laude, equiv.)
ICSL (Outstanding)
Prizes & Scholarships
Variety of University prizes including:
Sweet and Maxwell Prize (for highest First in Law in University),
Schuldman Plate (for best overall graduate of Caius College),
Scholar's Prize (x3), Sir William McNair Law Prize (x2) and George Long Prize.
Variety of Bar prizes including Barstow Scholarship, Middle Temple Certificate of Honour, Queen Mother Scholarship, Harmsworth Entrance Exhibition
Other Qualifications
CEDR Accredited Mediator
Professional Experience
Paul has been nominated by the Legal 500 as a “junior to watch out for” in Commercial Litigation.
Paul has acted in some of the major commercial disputes in recent years including the Berezovsky v Patarkatsishvili litigation, JSC BTA Bank v Ablyazov, Tajik Aluminium v Ermatov, President of Equatorial Guinea v Logo, the TAG Group Litigation and the Flashpoint Film Finance Litigation. He regularly appears as an advocate before the High Court, Court of Appeal and House of Lords as well as other tribunals acting both as sole counsel and as part of a larger team of barristers. He also carries out a wide variety of advisory work.
As well as specialising in insurance and reinsurance, Paul has particular expertise in questions of non-justiciability and economic torts (a subject on which he lectures). He also has considerable experience of group litigation including the TAG litigation and the Claims Direct litigation.
Paul has in recent years worked on a number of leading Russian and CIS-related litigation including the Berezovsky litigation, the TadAZ litigation, JSC BTA Bank v Ablyazov as well as confidential commercial arbitrations involving CIS-based parties.
In addition, Paul has wide experience of other areas of arbitration, banking and finance and aviation. He is also a CEDR qualified mediator who has participated in mediations both for the parties and as assistant mediator. This has included direct involvement in 10 days of mediation leading to the successful resolution of the TAG Group Litigation in which hundreds of parties were involved.
Recent Practice
The following is a summary of Paul’s most recent cases
Commercial Litigation and Civil Fraud:
Berezovsky v Patarkatsishvili (2009-ongoing)
A number of separate actions worth in excess of US$1 billion proceeding in the Chancery Division. The actions are subject to confidentiality orders which means limited information can be provided about them and that the judgments are not publicly reported.
Issues raised involved breach of trust and fiduciary duty, Russian law, private international law and complex factual issues.
Procedural issues to date include freezing orders, search and seizure orders and jurisdiction disputes.
North Shore Ventures Limited v Anstead Holdings Inc and others [2010] EWHC 1485 (Ch)
Claim concerning liability of guarantors in respect of US$50 million loan including, in particular, the scope of the creditor’s obligation of disclosure to prospective guarantors and the validity of certificates under the guarantee.
JSC BTA Bank v Ablyazov and others (2009-2010)
Very substantial claim by Kazakh Bank against former directors and employees raising issues of Kazakh and Russian law and complex fraud issues.
Party A v Party B (2009-2010)
Substantial claim by a CIS bank against debtor proceeding in confidential arbitration.
Tajik Aluminium v Ermatov and others (2005-8)
US$500 million multi-party fraud dispute concerning aluminium smelter in Tajikistan. Raised issues of justiciability, Russian Law, Tajik Law, private international law together with complex issues of bribery and fraud.
Successfully set aside freezing order before Blackburne J [2005] EWHC 2241
Successfully maintained jurisdiction before Cresswell J in application concerning justiciability, Russian and Tajik law [2006] EWHC 2374 (Comm)
And see: [2005] EWHC 2891 (Ch)
Tajik Aluminium v Hydro [2005] EWCA Civ 1218, [2006] 1 WLR 767 (CA)
Satellite litigation relating to Tajik Aluminium v Ermatov concerning witness summonses in aid of arbitral proceedings (2005)
Europ Assistance v Temple [2007] EWHC 1785 (Comm)
Claim by insurance company against underwriting agency in respect of authority under binding authority agreement sub-delegated to coverholders (2007-8)
President of Equatorial Guinea v Logo Limited and others [2005] EWHC 2034 (QB) [2006] EWCA Civ 1370 (CA)
Claim relating to alleged coup in Equatorial Guinea. Case concerned complex issues of non-justiciability and fundamental aspects of economic torts. Successful at first instance and at Court of Appeal. Case settled mid-way through hearing in House of Lords. (2005-8)
Great Wealth Telecom v Simtel and others (settled)
Complex international claim involving allegations of conspiracy and procuring breach of contract in timing of receivership (2005-8)
Lexington v Tarlo Lyons and others (settled)
Commercial Court claim involving allegations of conspiracy, deceit and procuring breach of contract against a partner and his firm in connection with Flashpoint film finance (2005-6)
Lawrence v Investec and Basra v Investec: Group action by shareholders following collapse of Claims Direct against Sponsor of IPO for alleged deficiencies in the Prospectus. Raised issues as to liability of sponsors and professional negligence (2004-8)
Moneygram v Travelex: Breach of confidentiality and restrictive covenants (2003)
Insurance & Reinsurance:
Advisory work and litigation in wide variety of large and small insurance and reinsurance disputes including:
The Accident Group (‘TAG’) litigation
Junior counsel to David Railton QC for Europ Assistance Insurance in group litigation against large numbers of panel solicitors arising out of failure of The Accident Group. Claim for return of unlawful referral fee and damages for professional negligence. Raises issues of multiparty litigation, professional conduct, professional negligence, regulatory issues and subrogation (2006-8)
Europ Assistance v Temple [2007] EWHC 1785 (Comm)
Claim by insurance company against underwriting agency in respect of authority under binding authority agreement sub-delegated to coverholders (2007-8)
HSB Engineering Insurance Limited v Fauji and others
Counsel for insured in insurance dispute in Commercial Court and TCC concerning construction of electricity generating power station in Pakistan (2005-6)
Cinerenta
Counsel for insurers in three film finance disputes in Commercial Court (2005-6)
Carvill v Camperdown
Junior counsel for reinsurers in Commercial Court dispute concerning incidence of liability for brokerage on reinsurers or reinsureds (2005)
Sphere Drake v Nationwide General Insurance Company
Junior counsel on insurance and reinsurance dispute in arbitration and in Commercial Court (2004)
Axa v Camperdown (UK) Limited and London and Edinburgh
Junior counsel on insurance and reinsurance dispute in Commercial Court (2004)
Hollywood Realisations Trust v Lexington Insurance Company and others
Junior counsel for Lexington Insurance Company in the Flashpoint film finance litigation (2001-3)
Involvement in subsidiary litigation arising out of above in this jurisdiction and in the USA including assistance with RICO proceedings in US District Court of Pennsylvania (2004)
Involvement in a large number of confidential reinsurance and insurance arbitrations and/or in confidential pre-litigation advisory work including in relation to ARIAS arbitrations; advice to capital provider of funds at Lloyd’s on application of reinsurance recoveries; proposed dispute in Commercial Court concerning professional indemnity insurance; dispute concerning reinsurance recoveries; confidential arbitration concerning compliance with premium payment condition; confidential dispute as to liability of insurer for brokerage where policy placed directly with insured and many others.
Arbitration:
Considerable experience of involvement in numerous insurance and reinsurance and other commercial arbitrations including ICC, LCIA and ARIAS arbitrations. Disputes have involved insurance and reinsurance, supply agreements and joint venture agreements.
Recent arbitrations have included as sole counsel in LCIA arbitration for CIS entity arising out of US$10 million guarantee, sole counsel in ICC arbitration arising out of €10 million SPA and junior counsel in US$20 million ICC arbitration.
Banking & Finance:
Acted for (and against) clearing banks in a wide variety of cases. Subject matters include cheque conversion, breach of mandate, bailment and a variety of disputes concerning the enforceability of securities, including guarantees and mortgages. Particular advisory work on Statute of Frauds, Shared Appreciation Mortgages and subrogation.
Civil Fraud:
Paul has considerable experience of acting and advising in connection with claims involving civil fraud, including breach of fiduciary duty, deceit, bribery, dishonest assistance, knowing receipt and equitable remedies. He has significant experience of obtaining freezing injunctions and other interim relief in the context of civil fraud claims. Recent examples of his work in this area include a number of large-scale actions in the Commercial Court including Berezovsky v Patarkatsishvili litigation, Northshore v Anstead, JSC BTA Bank v Ablyazov, Tajik Aluminium Plant v. Ermatov and Intermet v Ansol.
Professional Negligence:
Paul has acted for and against a wide range of disciplines including solicitors, accountants, sponsors, underwriting agents, architects and others.
Aviation:
Instructed by Qantas to assist Bankim Thanki QC in preparation for hearings and settlement of skeleton arguments for the Deep Vein Thrombosis and Air Travel Group Litigation in the High Court and Court of Appeal. Instructed by other airlines on advisory matters and for litigation.
Mediation:
Paul is a CEDR qualified mediator and has been involved in mediations in an advisory and participatory capacity as well as acting as assistant mediator.
Publications
Contributor to Insurance and Reinsurance Law Briefing
Contributing Editor of Commercial Court Procedure (Sweet & Maxwell)
Contributor to Bullen & Leake & Jacob’s Precedents of Pleadings on aviation precedents (Sweet and Maxwell)
Joint author, Carriage by Air (Butterworths)
Other Experience
Director of Fulham Legal Advice Centre